10 Practical Steps to Avoid Employment Liability in 2010

By Erin M. Roark

In January the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that 93,277 workplace discrimination charges were filed with the federal agency nationwide during Fiscal Year 2009, the second highest level ever. Additionally, private sector job bias charges alleging discrimination based on disability, religion and/or national origin hit record highs. The number of charges alleging age-based discrimination reached the second-highest level ever. Continuing a decade-long trend, the most frequently filed charges with the EEOC in FY 2009 were charges alleging discrimination based on race(36%), retaliation (36%), and sex-based discrimination (30%). Monetary relief obtained by the EEOC for victims in FY 2009 totaled over $376 million.

In releasing the statistics, EEOC Acting Chairman Stuart J. Ishimaru stated, “The latest data tell us that, as the first decade of the 21st century comes to a close, the Commission’s work is far from finished.” The EEOC opined that the near-historic level of total discrimination charge filings may be due to multiple factors, including greater accessibility of the EEOC to the public, economic conditions, increased diversity and demographic shifts in the labor force, employees’ greater awareness of their rights under the law, and changes to the agency’s intake practices that cut down on the steps needed for an individual to file a charge.

Undoubtedly, from the ADA Amendments Act to new FMLA regulations to the stimulus package, 2009 was a year of change in the employment law arena. With such sweeping changes and in light of the EEOC’s reported statistics for FY 2009, this is a good time to internally audit, update and review handbooks and policies. Here are some recommendations for avoiding liability in the New Year.

1. Review and update job descriptions.

Accurate job descriptions can be an employer’s best tool in ADA matters, interviewing, evaluations and workers’ compensation claims. However, in order for job descriptions to be a useful tool, they must be current and accurate. The New Year is a great time to review these job descriptions to ensure they are complete, accurate, and correspond to the actual duties performed.

2. Check your postings.

The new FMLA/DOL poster has been published including the new military leave. Ensure that your DOL, state and federal and workers’compensation notifications are all current and up to date. Don’t wait for the surprise audit or investigation to alert you to deficiencies.

3. Provide harassment training.

Harassment training is a great way to reiterate the employer’s commitment to a harassment free workplace. It is also a way to alert individuals to the means by which to report those concerns. This serves not only as a deterrent for harassment but may alert you to potential problems and aid in the defense of future claims.

4. Conduct ADA training.

The ADA Amendments Act went into effect in 2009. Ensure that your team, managers, and supervisors understand the new definitions and obligations to better engage and interact with your employees and applicants.

5. Update military leave policies.

With the recent passage and amendment to the FMLA military leave provisions for family members of military members, ensure that your policies accurately reflect the obligations under USERRA, FMLA, and any state laws with regard to protection extended to military
members and their families.

6. Review, update or implement performance evaluations.

Are you using the same evaluation forms you used a decade ago? Performance evaluations are only as good as the information they solicit. Review evaluation forms and update them to accurately capture the data you need. Train managers and employees to understand the process and the measurements utilized.

7. Update FMLA forms.

With the new regulations that went into effect in 2009, the Department of Labor published new FMLA certification forms and notifications that must be provided to employees. Review your forms and notices and ensure they are in compliance with the new regulations and DOL requirements.

8. Think before you layoff.

Unfortunately in these trying economic times, more and more employers are conducting layoffs or reductions in force. Before any actions are taken, ensure that you re-familiarize yourself with the WARN Act obligations and notifications required under the Older Workers Benefit Protections Act and ADEA. Severance packages and releases can be offered but there are obligations and limitations. A little extra time up front can prevent costly litigation later.

9. Conduct a thorough handbook review.

Update your handbook to ensure that all necessary policies are included, current and reflective of the 2009 laws. Has your company grown so that you are now covered by Family and Medical Leave or other provisions that you were not previously subject? When you make these updates, indicate the date that the handbook was revised, distribute the updated policies and obtain new acknowledgments from employees.

10. Update COBRA notices and policies.

Effective March 1, 2009, the American Recovery and Reinvestment Act of 2009 expands COBRA continuation coverage to provide a 65% federal subsidy toward COBRA premiums for up to nine months to individuals who were involuntarily terminated from their employment between September 1, 2008 and December 31, 2009. Employers are obligated to notify eligible individuals of their rights. You need to update COBRA policies and materials to include these provisions and new DOL notices; identify those employees who were involuntarily terminated after September 1, 2008, and notify them of their rights and responsibilities under ARRA; and develop processes and procedures for administration of the COBRA subsidy and reimbursement of the 65% of premiums.

http://www.dinslaw.com/64/10_steps_to_avoid_employment_liability_in_2010/

PrideStaff presents Industrial Insight

Flex Your Human Resources

Flex staffing is all the rage in an "uncertain" economy and CFO's love the ability to reduce payroll when orders drop off. Consequently, Production Managers love Flex for immediate access to a talent pool that can report to work "next day" without the hassle of recruiting/hiring. Managers have known this secret for a long time, as indicated from this survey by AMA.

"According to an American Management Association survey, 91% of human resource managers rate flexibility in staffing issues as important, and 95% use temporary and contract employees to achieve that flexibility."

American Management Association, "1999 AMA Survey, Contingent Workers, Summary of Findings."

So what are you waiting for? Actually, we understand the hesitancy to fully embrace a flex staffing model, and here are the two most common objections, along with our soothing rebuttal.

1. Staffing services charge too much, I can hire my own people for much less!
On the surface this looks like a slam dunk argument, but the reality is - outsourcing your recruiting/screening/hiring activity frees you up to focus on producing more of the product or service that creates revenue. Your business model is about profitability, not how to find and hire the right people. That IS our business!

And don't forget about the time saved by letting PrideStaff manage the ugly side of employment, claims from unemployment and workers comp, taxes, benefits and other "frictional" employment costs.

2. The workers they send out do no have the experience to do my jobs!
We know this happens, with our competitors!

Every new employee needs OTJ training to reach performance levels, whether they were hired by PrideStaff or by you. The first advantage we offer is matching our employee's skill level and recent experience to your job descriptions: we call this our ON TARGET order fulfillment process. This process allows PrideStaff to deliver better candidate quality on each and every assignment.

We also job shadow and benchmark critical skills at your worksite, which takes the guesswork out of hiring.

And for high volume positions (three or more associates), PrideStaff will customize an orientation that includes specific company information you want us to cover.

Sometimes our best efforts result in a mismatch because of culture or personality. That's why we offer our 110% guarantee - credit for the first day plus a 10% reduction for the first day of replacement.

At PrideStaff, we go to great lengths to ensure the temporary staff we provide have the skills and experience you need. When you're looking for highly skilled, experienced and trained support, contact your local PrideStaff office.

Innovative Solutions to Everyday Challenges
Forklift Drivers
Pickers/Packers
Labelers
Shipping & Receiving
Inventory Control
Traffic Coordinators
Packaging/Fulfillment
Warehouse Management

3110 W Cheyenne Ave Suite 300 North Las Vegas, NV 89032
(702)395-5314 www.pridestaff.com

Our Mission: Consistently provide client experiences focused on what they value most.

PrideStaff Las Vegas Makes Inavero’s 2010 Best of Staffing™ List

PrideStaff Las Vegas Makes Inavero’s 2010 Best of Staffing™ List

Release Date: March 10, 2010

Contact: Demont Daniel, CSP

PrideStaff Las Vegas announced today that it has been named to Inavero's inaugural Best of Staffing™ list. Best of Staffing, presented in partnership with CareerBuilder, is the nation's only client satisfaction award that recognizes exceptional client service in the staffing and recruiting industry. The 2010 Best of Staffing winners are truly set apart from the rest of the industry through their extraordinary level of client satisfaction.

"PrideStaff has strived to be a true partner to its clients as we help them navigate hiring and staffing in a difficult economic climate," PrideStaff's Business Development Manager, Demont Daniel said. "We are proud and honored to be recognized for our efforts in this way."

Staffing firms competing to make the Best of Staffing list underwent a rigorous client survey process followed by careful analysis of responses to determine satisfaction levels. PrideStaff Las Vegas received satisfaction ratings of 9 or 10 out of 10 from 90 percent of their clients, significantly higher than the industry's average of 55 percent. Best of Staffing participants secured their place on the list by exceeding the national staffing industry benchmark for client satisfaction by more than 22 percent.

"This is a time when clients of staffing firms can and should demand excellence from their recruiting partners," Eric Gregg, managing partner of Inavero said. "The $86 billion staffing and recruiting industry currently puts more than 2.5 million people to work daily and has become a fundamental component of overall U.S. employment. Inavero's Best of Staffing program presents an opportunity for firms to differentiate themselves from the rest of the industry, recognizes excellence, and also provides invaluable information about how to continue to meet and exceed client expectations."

Inavero's complete Best of Staffing list can be viewed at www.bestofstaffing.com. For more information about Inavero, visit www.inavero.com. To learn more about PrideStaff Las Vegas visit www.pridestaff.com.

Résumé Q & A: Top Questions Asked by PrideStaff Field Associates

You never get a second chance to make a first impression. And when it comes to your career, your résumé often makes that first impression for you.

Are you confident your current résumé is up to the challenge?

If not, don't worry--you're not alone. Many of our Field Associates are unsure about the quality of their résumés, or ask for our help in improving its content. In fact, each year we answer thousands of résumé questions. We've compiled this list of 10 of the most popular ones, as well as our answers, to help you put your best foot forward.

Q: Do I have to include a career objective?
A: Although this is not a crucial element of your résumé, an employer will be impressed if you have a concrete idea about what you want to achieve in your career.

Q: How do I decide what achievements to include in my résumé?
A: If you've accomplished many goals over the years, this task can seem overwhelming. Use the PAR formula (Problem, Action, Result) to analyze each achievement. Here's how. For each job, jot down your significant accomplishments. Then for each achievement, identify the problem you faced, the action steps you took and the measurable (quantifiable) results you achieved.

Once you've analyzed your achievements for each job, prioritize your list and include the ones that are most important to the position you are seeking. Keep in mind that your résumé should contain the accomplishments you're most proud of, while your cover letter should contain supplemental achievements that may be of interest to the decision maker.

Q: How long should my résumé be?
A: The absolute max is two pages, though one is preferable. The length of your résumé should be determined by how much you've achieved in your career. If you're an accomplished professional, you may need two pages; if you're fresh out of school, limit it to one. The absolute max is two pages, though one is preferable. The length of your résumé should be determined by how much you've achieved in your career. If you're an accomplished professional, you may need two pages; if you're fresh out of school, limit it to one.

Q: Should I include references?
A: References should not be listed in your résumé. Instead, include the simple statement: "References available upon request." Just make sure that you have a copy of those references handy at the time of your interview.

Q: What are keywords, and how do I use them?
A: Keywords are specific words or phrases used to describe your experience. Often, they are specific buzzwords used in a particular job or industry (e.g., someone looking for an administrative job might use keywords like "MSWord," "administrative assistant," or "word processing"). Recruiters use keywords to search through résumé databases, job websites and business networking sites to identify potential job candidates. In a nutshell, keywords put your skills into focus for a recruiter and help him determine, at a glance, whether or not your skills match those needed for an available job.

To use keywords properly, first identify which ones make sense for your résumé. Use job postings similar to your interests, or research industry trends online, to generate a list of 10 or 15 strong, descriptive and applicable keywords. Then, incorporate those buzzwords into the career summary, job description and/or professional qualifications sections of your résumé.

Q: Do I need more than one version of my résumé?
A: Yes. The better your résumé matches an available position, the more likely you are to get a call for an interview. So customize your résumé when needed. Start by developing a base résumé--one that is generic enough to use for any job for which you might apply. Then, you can tailor and save different versions as your job search progresses.

Your base résumé should first be created in an ASCII text format (you can use NotePad or WordPad to create this .txt file version). Use this .txt version for all your electronic submissions, where you have to cut and paste your résumé to submit it, to ensure your résumé will retain its formatting on the receiving end. For printing or attachment purposes, convert your ASCII file to a Microsoft Word version. Using MSWord you can easily format margins, fonts, etc. to make your printed copy look clean, professional and polished.

Q: What should my résumé NOT contain?
A: As a general rule, leave any references to religion, sexuality and school grades off your résumé. In addition, do not include a list of references, photos, or an explanation of why you left your last job.

Stink Over Perfume at Detroit Workplace ‎

NEW YORK, March 16, 2010

Stink Over Perfume at Detroit Workplace

City Employee Sues, Wins $100,000 after Complaints About Colleague's Scent, Room Deodorizer

(CBS) Sometimes scents can be overpowering. A Detroit woman sued the city after she claimed she couldn't work due to her colleague's perfume.

CBS News correspondent Bianca Solorzano reported on "The Early Show" that city employee Susan McBride complained she was "chemically sensitive" and a co-worker's perfume and room deodorizer made it difficult for her to breathe and do her job -- so much so that she suffered migraines, nausea and coughing.

Ann Curry Thompson, McBride's attorney, told CBS News, "You can't come into a workplace loaded in one of these so-called designer perfumes that broadcasts itself across the room."

McBride won a $100,000 settlement. Detroit city employees in the three buildings where McBride works are now being warned not to wear scented products, including colognes, aftershave, perfumes, and deodorants, or even use candles and air fresheners.

Thompson said, "When you have a stated policy in the workplace, it gives an employee something to point to."

Joelle Sharman, a labor and employment lawyer, said on "The Early Show" an employee would have to prove that a scent actually had a health effect on his or her person to make a case.

She said, "If I triggered a condition that caused substantially something to interfere with your ability to perform in the workplace, if I interfered with your ability to work or ability to breathe, then, yes, and you reported it to your employer, then the employer would have to respond."

"Early Show" co-anchor Harry Smith asked if an employer has the right to tell a person they can't use cologne or perfume.

Sharman responded, "A person doesn't necessarily have a right to wear perfume, but the person does have a right to be able to breathe in the workplace. So if an employee comes into work and says to his or her boss, 'I can't breathe, this perfume is triggering a condition that is affecting my ability to breathe in the workplace,' and reports to his or her boss, the boss has to reasonably accommodate that person."

Smith said as he read up on the case, it looks like the boss didn't respond to the complaints.

Sharman added, "The boss did not engage in the interactive process. Had he just communicated with the employee, explored the options, all of this may have been avoided."

However, an employee shouldn't just say another employee stinks, Sharman said.

"I don't think that would be the appropriate approach," she said. "I would go to a person's boss and say, 'The smell is affecting the way I'm breathing. It's causing an allergy or it's affecting my breathing. It's interfering with my ability to work. Can you accommodate me, please?'"

HIRING AND COMPENSATION IN Q1

HIRING
Twenty percent of employers say they increased their headcount in the last three months. Thirteen prevent reduced headcount while 66 percent reported no change and 1 percent were undecided.

Employers are expected similar results for the upcoming quarter. Twenty prevent of employers plan to add employees in Q1 2010. Nine Percent will decrease headcount while 66 percent anticipate no change and 6 percent are undecided.

COMPENSATION
With a large number of annual salary increases taking place in the first quarter, 45 percent of employers expect to raise compensation levels in the next three months. Thirteen percent say the average raise amount will be 4-10 percent, while 1 percent anticipate an average raise of 11 percent or more.

HIRING IN 2010

HIRING BY INDUSTRY
Comparing selected industries, hiring is expected to increase in information technology, manufacturing, financial services professional and business services, and sales in the coming year. Thirty-two percent of IT, 27 percent of manufacturing, and 23 percent of financial service employers plan to add full-time permanent employees in 2009, followed by 22 percent of employers in professional and business services and 21 percent in sales. Health care employers are also planning to expand staffs at 21 percent followed by 18 percent of transportation employers and 15 percent of retail

HIRING BY JOB TITLE
When asked what areas employers plan to hire for in 2010, one-third pointed to technology followed by 28 percent in customer service. Nearly one-quarter (23 percent) plan to add sales people, 18 percent will add in research/ development, 15 percent in accounting/finance and 14 percent in marketing.

COMPENSATION
Even as companies continue to watch their spending, they still plan slight increases to salaries in the coming year. Fifty-seven percent of employers report their companies will increase salaries for existing employees in 2010, down from 65 percent in 2009. Thirty-six percent expect to raise salaries of existing employees by 3 percent or more, while 11 percent anticipate increases of 5 percent or more.

Twenty-nine of employers plan to increase salaries on initial offers to new employees, down from 33 percent in 2009. Nearly one-in-five (18 percent) employers will raise salaries on initial offers by 3 percent or more while 7 percent anticipate increases of 5 percent or more.